Terms of Use

Last Modified: May 25, 2018

These Terms of Use govern your access to and the use of the
Sites or Services of TopstepTrader, LLC, an Illinois limited
liability company (“Topstep”,
“we”,
“our”
or “us”),
however such Sites or Services are accessed, including
any content, functionality, products and services, information
about our products and services, your accounts, and other
tools offered. All capitalized terms not otherwise defined
herein shall have the meanings set forth in the Privacy
Policy which is incorporated herein by reference.

The Topstep Sites and Services are offered to you subject to your affirmative and unequivocal acceptance, without modification, of all of the Terms in their entirety. When accepted by you, these Terms form a legally binding contract between you and Topstep. If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, AND/OR OTHERWISE USING THE TOPSTEP SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE TOPSTEP SERVICES.

Once accepted, these Terms remain effective until terminated
as provided for herein.

We reserve the right to modify or change these Terms after
providing notice to you. The form of such notice is at
our discretion. For more information, please see Section
27 below.

We may, in our sole discretion, elect to suspend or terminate
access to, or use of, the Topstep Services by anyone who
violates these Terms.

The official language used by Topstep is English; in the event
of a conflict between the English language version of this
document and any version translated into any other language,
the English language version shall prevail.

1. Definitions

“Account”
means a User Account.

“Authorization”
means the set of rights and privileges on the Web Site
assigned to a User by Topstep.

“Co-brand”
means Your display of any of the Intellectual Property,
or your taking of other means of attribution or identification
of Topstep, in such a manner reasonably likely to give
a third party the impression that you or the third party
has the right to display, publish or distribute our Sites
or Services or any Content.

“Controller”
means a person or entity who, either alone or jointly,
determines the purposes and means of the processing of
Personal Data, controls the data, and is responsible for
it, and does so with respect to Data Subjects.

“Cookies”
means small files that are placed on your hard drive for
identification purposes. These files are used for site
registration and customization the next time you visit
us.

“Force Majeure Event”
means any act or event beyond our reasonable control, including
strikes, lock-outs, or other industrial action by third
parties, civil commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether declared or
not) or threat or preparation for war, fire, explosion,
storm, flood, earthquake, subsidence, epidemic, or other
natural disaster, or failure of public or private telecommunications
networks or impossibility of the use of railways, shipping,
aircraft, motor transport, or other means of public or
private transport.

“Funded Account™”
means an Account held by a User that is funded with TopstepFX’s
trading capital.

“Funded Trader”
means an individual who has passed the Trading Combine®
and is trading TopstepFX’s capital with a Funded
Account™.

“GDPR”
means the General Data Protection Regulation, adopted as
Regulation (EU) 2016/679 of the European Parliament on
April 14, 2016. The GDPR is effective on May 25, 2018.

“Intellectual Property”
means Topstep’s Sites and Services, their contents,
or any copyright, trademark, trade name, service mark or
any other proprietary information of Topstep.

“Linked Web Site”
means any web site owned by a third party to which or from
which Topstep’s site is linked.

“Marks”
means, collectively, the trademarks, service marks, slogans,
logos, trade dress, and other identifiers displayed on
Topstep Sites and Services.

“Materials”
means Topstep Materials.

“Order”
means a request for subscriptions or other services placed
by a User through the Sites or Services or through a third-party
affiliate.

“Our”
means Topstep’s.

“Personal Data”
means any information relating to an identified or identifiable
natural person.

“Restricted Business”
means owning, operating, or developing a web site that
serves as a platform pursuant to which persons or entities
engage in simulated forex trading.

“Sensitive Data”
means data that reveals racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade
union membership, data that concerns health, or data that
concerns a natural person’s sex life or sexual orientation.

“Services”
means the Trading Combine®.

“Simulated Account”
means an account using real-time simulated data. Trades
in a simulated account are not made in live markets and
do not incur actual profits or losses.

“Terms”
means the terms and conditions contained in these Terms
of Use and all other operating rules, policies (including,
without limitation, our Privacy Policy at https://app.topstepfx.com/privacy_policy)
and any future modifications thereof, and procedures that
may be published from time to time on the Sites or Services
or made available to you on or through the Topstep Services.

“Third Party Services”
means products or services that are not under the control
of or maintained by Topstep.

“Topstep Services”
means the Web Site, Services, System, Content, and all
other content, services and/or products available on or
through the Sites.

“Trading Combine®”
means a simulated account where the User’s performance
is evaluated for the opportunity to get funded with TopstepFX’s
trading capital.

“Trading Data”
means the data on simulated trading positions, fills and
pending orders, including data that we compile for users
on the Trade Report.

“Us”
means Topstep.

“User”
means a natural person who is 18 years of age or older
who is authorized to use the Topstep Account on behalf
of himself/herself.

“User Account”
means certain functionality of the Sites or Services, access
to which is limited to Users who have registered an account
for the applicable services and have been provided User
Credentials.

“User Content”
means blogs, comments, or other content submitted by a
User that is intended for public display on any of Topstep’s
Sites or Services.

“User Data”
means trading information generated by you and other Users
(whether aggregated or otherwise).

“User ID”
means a number generated upon User Account creation to
provide a unique identifier distinguishing the User and
his/her connected data and activity.

“We”
means Topstep.

“Web Site”
means the compilation of all web documents (including images,
php and html files) made available via www.topstepfx.com or its sub domains or domains with identical names under
other top domains and owned by Topstep.

“You”
or “Yours”
means User or User’s.

2. Contact Information / Designated Agent

If you have any questions or comments or seek any additional
information on Topstep, please email support@topstepfx.com.
You may also call us at (888) 407-1611 or write to us at:

Inquiries or other correspondence for the Designated Agent
should be sent to the above mailing and/or electronic address.

3. GDPR

Pursuant to the terms of the European Union’s General
Data Protection Regulation (“GDPR”)
(EU Regulation 2016/679), where Topstep, either alone or
jointly, determines the purposes and means of the processing
of Personal Data, controls the data, and is responsible
for it, and does so with respect to Data Subjects who are
physically located in the European Union, Topstep is a
Controller. As a Controller, Topstep is bound by the provisions
of the GDPR and agrees to comply with those provisions
when in possession of such Personal Data.

4. Services

The TopstepFX Trading Combine® is a Simulated Account where
your performance is evaluated across two steps for the
opportunity to get funded with our trading capital. Please
click here for
further information regarding the Services.

5. Eligibility

You represent and warrant that you are at least 18 years of
age. In jurisdictions, territories and locations where
the minimum age for permissible use of the Sites or Services
is greater than 18 years of age, you represent and warrant
that you meet the age requirement for the minimum age for
permissible use of the Sites or Services. If you are under
the minimum age for permissible use of the Sites or Services
in your jurisdiction, territory or location, you may not
utilize the Sites or Services.

You represent and warrant that you have not been convicted
of a felony, disciplined by the National Futures Association
or disciplined by the U.S. Commodity Futures Trading Commission.
You represent and warrant that you do not have an outstanding
balance with a trading firm. If you are a convicted felon,
have been disciplined by the National Futures Association,
have been disciplined by the U.S. Commodity Futures Trading
Commission, or have an outstanding balance with a trading
firm, you are not eligible to use the Sites or Services.

You are solely responsible for ensuring that these Terms are
in compliance with all laws, rules and regulations applicable
to you. The right to access the Sites or Services is revoked
where these Terms or use of the Sites or Services are prohibited
or to the extent offering, sale or provision of the Sites
or Services conflicts with any applicable law, rule or
regulation. The Sites or Services are offered only for
your use, and not for the use or benefit of any third party.

You may not, without our prior written consent, access Topstep
Services (i) for production purposes, (ii) if you are a
competitor of Topstep, (iii) to monitor the availability,
performance or functionality of the Topstep Sites or Services,
or (iv) for other benchmarking or competitive purposes.

6. Not a Broker-Dealer

You acknowledge and agree that we are not a broker-dealer,
as such term is used in United States financial services
regulations, and that we do not trade securities on our
or another party’s behalf as part of the Sites or
Services, nor do we directly offer any financial advice
of our own as part of the Sites or Services. You acknowledge
and agree that we are not liable for any losses or gains
that may arise from your reliance upon information provided
through the Sites or Services or your interaction with
other Users.

The information presented on or through Topstep Sites or Services
includes financial and market information. Such information
is made available solely for entertainment and general
information purposes. We do not warrant the accuracy, completeness,
timeliness or usefulness of such information and such information
has not been verified. Any reliance you place on such information
is strictly at your own risk. We do not invite that any
action be taken upon the information we provide. We disclaim
all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to
our Sites or Services, or by anyone who may be informed
of any of its contents.

The information presented has been prepared without regard
to individual investment objectives, financial situations
or means. Such information is not intended to constitute
investment advice and is not designed to meet your personal
financial situation. Many of the investments described
on or through our Sites or Services involve significant
risks, and any discussion of risks contained on the Sites
or Services should not be considered a complete discussion
of risks involved. We recommend that you consult with your
financial advisers about investment options and whether
any investment may be appropriate for your specific needs
prior to making any investments. You acknowledge and agree
that you have sole responsibility for your investment decisions
and that you should not rely solely on any information
provided through the Sites or Services with regard to any
investment decisions you make.

The information and material provided on the Sites or Services
is not to be construed as an offer to buy or sell, or the
solicitation of an offer to buy or sell, any security,
financial product or instrument, or to participate in any
particular trading strategy.

We use reasonable efforts to maintain the Sites or Services,
but we are not responsible for any defects or failures
associated with the Sites or Services, any content posted
on the Sites or Services, any widgets or similar applications
use, or any damages (including lost profits or other consequential
damages, even if we have been informed of the same) that
may result from any such defects or failures. The Sites
or Services may be inaccessible or inoperable for any reason,
including, without limitation: (a) equipment malfunctions,
(b) periodic maintenance procedures or repairs which we
may undertake from time to time, or (c) causes beyond the
control of Topstep or which are not foreseeable by Topstep.

Our Sites or Services include content provided by third parties,
including materials provided by other users, company owners,
bloggers and third-party licensors, syndicators, aggregators
and/or reporting services. All statements and/or opinions
expressed in any such materials, and all articles and responses
to questions and other content, other than the content
provided by us, are solely the opinions and the responsibility
of the person or entity providing those materials. Any
such materials do not necessarily reflect our opinion and
have not been verified by us. The information in such publications
may become outdated, and we have no obligation to update
it. We are not responsible or liable to you or any third
party for the content or accuracy of any materials provided
by any third parties whether shown on the Sites or Services
or otherwise.

If any of our Sites contain links to other sites and resources
provided by third parties, those links are provided for
your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of
them. If you decide to access any of the third party websites
linked to our Sites or Services, you do so entirely at
your own risk and subject to the terms of use for such
websites.

Topstep does not promote any financial instruments on the Sites
or Services. Topstep does not receive any compensation
from companies whose financial instruments appear on the
Sites or Services.

We take no responsibility and assume no liability for any User
Content. We have no obligation to pre-screen or monitor
User Content. We reserve the right, upon notification or
flagging from a third party, to delete or edit User Content,
in whole or in part, in our sole discretion at any time
and without notice.

ALL CONTENT PRESENT ON THE SITE IS PROVIDED “AS IS,”
WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE
OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE
OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

8. Commodity Futures Trading Commission Disclaimer

CFTC RULE 4.41 - ALL HYPOTHETICAL OR SIMULATED PERFORMANCE
RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN
IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT
REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE
NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR
OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET
FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL
TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT
THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO
REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS
LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING
SHOWN.

9. Third Party Services

Our Sites or Services may refer to Third Party Services. You
are responsible for performing your own due diligence and
evaluating whether any Third Party Services are appropriate
for you. You agree that Topstep is not responsible for
any injury, harm, damages, or negative experience you may
encounter by accessing or using such Third Party Services.
If you access, visit, or use any Third Party Services referred
to on our Sites or Services, you do so at your own risk.

10. Disclaimer of Warranties

TOPSTEP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE CONTENT INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOPSTEP DOES
NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS
OF TOPSTEP SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT TOPSTEP SITES OR
SERVICES, ITS SERVERS OR ANY E-MAIL SENT FROM TOPSTEP ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TOPSTEP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE
SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION
AND, IN ANY EVENT, TOPSTEP SPECIFICALLY DISCLAIMS SUCH
WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT
YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS
OR USE THE SITES OR SERVICES.

WITHOUT LIMITING THE ABOVE, TOPSTEP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEB SITE.
TOPSTEP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE
CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED
FROM A LINKED WEB SITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS
PUBLISHED ON OUR SITE OR A LINKED WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS
LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT
THAT THE CONTENT ON OUR SITE OR A LINKED WEB SITE IS UPDATED
OR COMPLETE. TOPSTEP HAS NO OBLIGATION TO UPDATE ANY CONTENT
ON OUR SITE AND MAY CHANGE OR IMPROVE OUR SITE AT ANY TIME
WITHOUT NOTICE.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE
THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.

11. Limitation of Liabilities

IN NO EVENT WILL TOPSTEP, ITS PARENTS, SUBSIDIARIES, PARTNERS,
OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS OF EACH BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, INCLUDING ANY LOST PROFITS OR LOST OPPORTUNITY,
EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING
OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT
OF OUR SITES OR SERVICES OR A LINKED WEB SITE WHETHER SUCH
CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER
BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR
OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED
WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE
OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE
OR PERFORMANCE THEREOF, EXCEED THE GREATER OF (A) THE AMOUNT
PAID BY YOU TO TOPSTEP IN THE IMMEDIATELY PRECEDING MONTH
FOR TOPSTEP’S PRODUCTS OR SERVICES OR (B) $100.

THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES
THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT
FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL
ERRORS, OR ANY FORCE MAJEURE.

12. Purchases; Credit Card and Other Financial Information

Topstep allows Users to place Orders. Upon placing an Order,
you shall pay to Topstep the purchase price as set forth
in the “Order Summary” page or similar ordering
mechanism. Topstep or its third-party affiliates may utilize
the services of certain third-party payment processors
to process payments of credit cards and other accepted
methods of payment. Your purchase is subject to any additional
terms and conditions imposed by such third-party payment
processors. The purchase price and any applicable fees
or taxes shall be applied to your chosen method of payment
upon submission of your Order.

Upon the purchase of an Order or other service rendered by
Topstep through the Sites or Services, you acknowledge
that the Topstep will provide availability and access to
the particular service requested. Your participation in,
or failure to use such purchased service does not entitle
you to a refund.

Prices and availability of products are subject to change without
notice. Errors will be corrected where discovered, and
Topstep reserves the right to revoke any stated offer and
to correct any errors, inaccuracies or omissions including
after an Order has been submitted and whether or not the
Order has been confirmed and your payment method accepted
and charged. In the event your payment method has been
accepted and charged, Topstep will issue you the appropriate
credit within a reasonable time after your Order has been
revoked.

Topstep accepts payments via credit and debit card through
our Sites or Services. Certain Credit Card Information
and Debit Card Information will be encrypted and received
via a secure page. You represent and warrant that you are
an authorized signatory of the credit or debit card or
other method of payment that you provide to Topstep or
its third-party payment processor to pay any fees or taxes
related to your purchases of products or services through
our Sites or Services.

We use industry standard technology and commercially reasonable
measures to protect Credit Card Information from misuse.
Topstep may utilize the services of certain third-party
payment processors to process payments of credit cards
and other accepted methods of payment.

If you are directed to a third-party website to make purchases,
your purchase will be governed by the terms of such third
party website. If you desire to supply Credit Card Information,
Personal Data or financial information to any third party
service provider or to any Linked Web Site, you do so at
your own risk and discretion. We strongly recommend you
review the terms and conditions and privacy policy of any
third party before providing such information. Topstep
is not responsible should you provide such information
to any third party and is not responsible for the use of
such information by any third party.

13. Linking to Our Sites

You may link to our Sites or Services, provided that (1) you
do so in a way that is fair, in compliance with all applicable
laws, rules and regulations, and does not damage our reputation,
and (2) you shall not establish a link in such a way as
to suggest any form of association, approval or endorsement
on our part without our express written consent.

14. Restricted Sites and Passwords/User Registration

Certain functionality of the Sites or Services is limited to
Users who have registered an account for the applicable
services. Such Users will have a unique User Credentials
and will have a User Account. You represent and warrant
that all account information is truthful and accurate and
you will update such information to ensure its accuracy.
You represent and warrant that you have provided a valid
email address at the time of registration. You agree that
all information you provide to register with our Sites
or Services or otherwise, including through the use of
any interactive features on our Sites or Services, is governed
by our Privacy Policy, and you consent to all actions we
take with respect to your information consistent with our
Privacy Policy. You may update your personal information
through our Sites or Services or by contacting us via the
contact information provided above.

Users are responsible for the confidentiality of User Credentials,
and shall be responsible and liable for access to or use
of the Sites or Services by such User or any other person
or entity using such User Credentials (whether or not such
access has been authorized). You agree that access to the
User Account will be limited to the User which subscribed
under such account. You agree to immediately notify Topstep
if you learn of or have reason to suspect any unauthorized
use of your account or any other breach of security.

You acknowledge and agree that Topstep is authorized to act
on all instructions received through your User Account,
and that Topstep may, but is not obligated to, deny access
or block any transaction made through use of your User
Account without prior notice if we believe that such User
Account is being used by someone other than its registered
User, or for any other reason.

Topstep reserves the right to refuse to grant particular User
Credentials to any individual for any reason, including,
without limitation, if such User impersonates someone else,
is protected by trademark or other proprietary rights law,
or is vulgar or offensive. Topstep shall not be liable
for any loss or damage arising from a User’s failure
to comply with this Section.

You shall not submit User Content on our Sites or Services
that: is illegal, indecent, profane (either directly or
indirectly through partially obscured words, letters, phrases,
terminology or the like), threatening, defamatory, derogatory,
counter to Topstep’s Privacy Policy or otherwise
injurious to Topstep or any third parties, constitutes
commercial solicitation or advertising (except where pre-approved
in writing by Topstep), or consists primarily of an unsolicited
electronic mass mailing.

User Content shall not be abusive or harassing to any person.
You may not submit materials that are or purport to be
the personally identifiable information about others, such
as full name, postal address, email address, telephone
number, or any other personal attribute which would constitute
an invasion of privacy. User Content shall not be obscene,
objectionable, offensive, tortious, deceptive, fraudulent,
or invasive of another’s privacy or publicity rights.

While Topstep takes all reasonable measures to ensure that
User Content remains private, Topstep does not guarantee
that User Content will remain private, even if such User
Content is entered into a password-protected section of
the Sites or Services. Accordingly, you should not provide
User Content that you want protected from others.

User Content shall not contain a software virus, worm, spyware,
Trojan horse or other computer code, file or program designed
to interrupt, impair, destroy, or limit the functionality
of any computer software or hardware or telecommunications
equipment.

User Content shall not infringe in any manner on the copyright,
trademark, or other intellectual property rights of any
person or entity, and shall not contain privileged, confidential,
proprietary or trade-secret information of any individual
or entity, or that may violate the legal right of any person
or entity in any jurisdiction or locale.

If you wish to submit materials to any of our Sites or Services,
you are prohibited from impersonating any other individual
or entity, or otherwise misleading any person or entity
as to the origin of the comments.

You agree to disclose any conflict of interest, ownership interest,
business, employment or other financial relationship you
have with any company or financial instruments named in
any User Content. You agree not to submit User Content
with the intent to increase or decrease a financial instrument’s
price and sell or purchase such financial instrument as
a result of such increase or decrease. If you submit User
Content about any stock or financial instrument while intending
to purchase or sell such stock or a related financial instrument
within 72 hours, any such User Content shall include a
statement regarding your intended purchase or sale.

You shall not submit User Content that violates any local,
state, national or international law, including but not
limited to regulations of the U.S. Securities and Exchange
Commission and the U.S. Commodity Futures Trading Commission
or other securities laws and the rules of any securities
exchange. You agree that User Content will not constitute
illegal activity, give rise to civil liability, or violate
the contractual, personal, intellectual property or other
rights of any other party.

16. Content License

By submitting User Content, you grant Topstep an unrestricted,
worldwide, non-exclusive, irrevocable, perpetual, fully
paid-up and royalty-free right and license (“
License”), in any form or format, in whole
or in part, to host, store, maintain, use, reproduce,
distribute, display, publish, modify, prepare derivative
works of, and otherwise exploit all or any portion
of such User Content on the Sites or Services and on
any other websites, channels, or distribution platforms,
for any purpose whatsoever, without accounting, notification,
credit or other obligation to you, and the right to
license and sublicense and authorize others to exercise
any of the rights granted hereunder to Topstep, in
its sole discretion. All rights, licenses and privileges
herein described are granted to Topstep immediately
upon submission of User Content and shall continue
perpetually and indefinitely. Any information that
you wish to remain private should not be submitted
with or as User Content.

You have the right to submit the User Content and grant the License herein described;

No further licenses, royalties, or permissions will be needed from a third party
to use your User Content as herein described;

User Content does not infringe any third party’s rights, including intellectual
property and privacy rights; and

User Content complies with Terms and all applicable laws.

17. Intellectual Property, Trademarks, and Copyrights

Topstep Sites or Services and their entire contents, features,
and functionality (including, all information, software,
text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by Topstep,
its licensors or other providers of such material and are
protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual
property or proprietary rights laws and treaties. You shall
not challenge the ownership or rights in Topstep’s
Sites or Services or any component thereof.

You are granted a nonexclusive, nontransferable, limited and
revocable right to access, use, display, and navigate our
Sites or Services solely for your personal, non-commercial
and non-public use. You shall not reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of
our material, except for your personal, non-commercial
and non-public use. You shall not access or use for any
commercial purposes any part of our Sites or Services.

If you print, copy, modify, download, or otherwise use or provide
any other person with access to any part of our Sites or
Services in breach of these Terms, your right to use Topstep
Sites or Services will cease immediately and you must,
at our option, return or destroy any copies of the materials
you have made. No right, title, or interest in or to our
Sites or Services or any content on our Sites or Services
is transferred to you, and all rights not expressly granted
are reserved by Topstep. Any use of our Sites or Services
not expressly permitted by these Terms is a breach of these
Terms and may violate copyright, trademark, trade secret,
and other laws.

The Marks displayed on Topstep Sites or Services are the property
of Topstep, unless otherwise disclosed. You are prohibited
from using, removing, or altering any Marks for any purpose
including use on other materials, in presentations, as
domain names, or as meta-tags, without our written permission.

Except as expressly provided above, no Intellectual Property
displayed on Topstep Sites or Services or on any of the
Content may be reproduced, altered, removed, transmitted,
published, or distributed, whether electronically, mechanically,
by photocopy, recording or otherwise, without the prior
written permission of Topstep. Use of any Topstep trademarks
as metatags on any third-party site is strictly prohibited.
You may not Co-brand our Sites or display our Sites in
frames (or any of the Content via in-line links) without
prior written permission from Topstep. You agree to cooperate
with Topstep in causing any unauthorized co-branding, framing,
or linking to immediately cease. You may not remove, modify,
or alter any copyright, trademark, or patent notice from
any product delivered by us. You agree not to undertake
any action that will interfere with or diminish our right,
title, or interest in our Intellectual Property.

The address of the Designated Agent can be found above in Section
2. If you believe that content or material provided through
the Sites or Services infringes a copyright, please send
a notice containing the following information to the Designated
Agent:

a physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed;

identification of the material claimed to have been infringed
or, if multiple works, a representative list of such
works;

identification of the material that is claimed to be infringing
or the subject of infringing activity and that is to
be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate
the material;

information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and, if
available, an email address at which you may be contacted;

a statement that you have a good faith belief that use
of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the
law; and

a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.

19. Termination

Users may terminate receipt of any free service publications
at any time by sending Topstep a request for removal from
the relevant distribution list. All free service publication
emails will include a link allowing a User to unsubscribe.
If you wish to terminate receipt of such publications,
please use the link on the attached email or see the contact
information provided above in Section 2.

Topstep reserves the right to refuse to provide access or terminate
your access to any of the Topstep Sites or Services at
any time at its sole discretion. Such termination may result
from a violation of the Terms or other referenced agreements,
unauthorized use or reproduction of any publication or
information, any other reason or no reason, all determined
in Topstep’s sole discretion. If access is refused
or terminated, you agree you will not attempt to establish
a new User Account under any name, real or assumed. All
provisions of these Terms shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnities and limitations of liability.

20. Jurisdiction and Enforceability

These Terms shall be governed by and construed in accordance
with the laws of the State of Illinois and the United States
of America, without giving effect to any principles of
conflicts of law. You irrevocably consent to the exclusive
jurisdiction of the courts located in the State of Illinois
in connection with any action arising out of or related
to these Terms or their subject matter. You waive any objection
based on lack of personal jurisdiction, place of residence,
improper venue, or forum non conveniens in any such action.

21. Force Majeure

We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under
these Terms that is caused by a Force Majeure Event. If
a Force Majeure Event takes place that affects the performance
of our obligations under these Terms, we will contact you
as soon as reasonably possible to notify you. Our obligations
under these Terms will be suspended and the time for performance
of our obligations will be extended for the duration of
a Force Majeure Event.

22. Waiver of Class Action Rights

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES
OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE
OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE
IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT
TO ANY SUCH CLAIM.

23. Indemnification

You agree to indemnify, defend, and hold the Topstep Parties
harmless, including costs, liabilities and legal fees,
from any claim or demand made by any third party arising
out of or relating to (i) your access to or use of our
Sites or Services, (ii) your violation of the Terms, (iii)
the infringement by you, or any third party using your
account, of any intellectual property or other right of
any person or entity, (iv) any funding of your account
from any source and any payment methods used. Topstep reserves
the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense
of these claims. You agree not to settle any such matter
without the prior written consent of Topstep. Topstep will
use reasonable efforts to notify you of any such claim,
action, or proceeding upon becoming aware of it.

24. Other Prohibited Uses

You are solely responsible for any and all acts and omissions
that occur under your User Account, and you agree not to
engage in unacceptable use of the Sites or Services or
any User Content including:

Posting, storing or disseminating any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam,
chain letters or other fraudulent schemes, or any other
form of solicitation

Using any manual or automated software, devices or other
processes to “crawl” or “spider”
any web pages contained in the Sites or Services

Using the Sites or Services to gain competitive intelligence
about Topstep or the Sites or Services to compete with
Topstep or its affiliates

Harvesting or otherwise collecting any information about
other users, including, without limitation, email addresses
or other contact information

25. Restrictive Covenants

For a period of two (2) years from your accepting of these
Terms of Use, you agree not to, directly or indirectly,
(i) engage in or assist others in engaging in the Restricted
Business in the United States; or (ii) cause, induce, solicit
or encourage any client or customer of Topstep to terminate
or modify such client’s or customer’s relationship
with Topstep.

26. Other Important Terms

These Terms are in addition to any other agreements between
you and Topstep.

Nothing in these Terms shall create or be deemed to create
a partnership, agency, trust arrangement, fiduciary relationship
or joint venture between you and Topstep. Neither you nor
Topstep shall have any right, power or authority to act
or create any obligation, express or implied, on behalf
of the other party.

You agree that breach of the provisions of these Terms would
cause irreparable harm and significant injury to Topstep
which would be both difficult to ascertain and which would
not be compensable by damages alone. As such, you agree
that Topstep has the right to enforce the provisions of
these Terms by injunction (without necessity of posting
bond), specific performance or other equitable relief without
prejudice to any other rights and remedies Topstep may
have for your breach of these Terms.

We reserve the right at any time in our sole discretion to:
modify, suspend or discontinue our Sites or Services or
any service, content, feature or product offered through
our Sites or Services, with or without notice; charge fees
in connection with the use of our Sites or Services; modify
and/or waive any fees charged in connection with our Sites
or Services; and/or offer opportunities to some or all
users of our Sites or Services. You agree that we shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of our Sites or Services,
or any service, content, feature or product offered through
our Sites or Services.

Each of the paragraphs of these Terms operates separately.
If any court or relevant authority decides that any of
them are unlawful or unenforceable, the remaining paragraphs
will remain in full force and effect.

If we fail to insist that you perform any of your obligations
under these Terms, or if we do not enforce our rights against
you, or if we delay in doing so, that will not mean that
we have waived our rights against you and will not mean
that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in
writing, and that will not mean that we will automatically
waive any later default by you.

We may terminate these Terms at any time without notice, and
accordingly may deny you access to our Sites or Services,
if in our sole judgment you fail to comply with any term
or provision of these Terms. The obligations and liabilities
of the parties incurred prior to the termination date shall
survive the termination of these Terms for all purposes.

27. Acceptance of and Modifications to These Terms

We assume that all Users have read this document and agree
to its content. If you do not agree with these Terms, you
should refrain from using our Sites and Services.

These Terms may change from time to time. If we modify our
Terms, we will notify you and post the revised statement
here, with an updated revision date. If you do not agree
to any changes to these Terms after receipt of notice,
you shall discontinue your use of the Sites or Services.

28. Feedback

Topstep welcomes your Feedback. If you submit Feedback to Topstep,
please note that your Feedback shall become the property
of the Topstep, and you hereby irrevocably assign to Topstep
all right, title and interest in and to the Feedback and
all copyrights and other intellectual property rights embodied
in such Feedback on a worldwide basis.

All content published and distributed by TopstepTrader and its affiliates (collectively, the “Company”) is to be treated as general information only. None of the information provided by the Company or contained here is intended (a) as investment advice, (b) as an offer or solicitation of an offer to buy or sell or (c) as a recommendation, endorsement or sponsorship of any security, company or fund. Testimonials appearing may not be representative of other clients or customers and is not a guarantee of future performance or success.

Futures and forex trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones’ financial security or lifestyle. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. This is neither a solicitation nor an offer to buy or sell futures, options or forex. Past performance is not necessarily indicative of future results.

CFTC Rules 4.41 - Hypothetical or Simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, because the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.